WAUSAU, Wis. (WAOW) -- The Wisconsin Supreme Court overturning Governor Tony Evers mask mandate Wednesday wasn't based on the effectiveness of masking, but the legality of the order.
"Very disappointed," said Gov. Tony Evers.
After nearly a year of mask mandates and executive orders from Evers,
the Wisconsin Supreme Court says his extension of the state of emergency, and use of emergency powers under it, is un-lawful.
Under state statues, an emergency order can't go past 60 days without the legislature's approval.
"So what the court came in and did is say, you know, we don't think that the extension of these mandates, the continuation of the mandates, even though the governor tried to portray them as separate emergency orders weren't actually separate," said Eric Giordano, Executive Director of Wisconsin Institute for Public Policy and Service.
The governor has done multiple extension since the first order back in March of 2020.
According to the ruling, the court says the Governor can't do this regardless of developments in the emergency.
"If you have a flood you don't have everyone down stream in an emergency. You continue to make those emergency declarations as it happens. So I think it's the wrong decision," said Evers.
"The governor needs to come to legislature to push it forward," said Patrick Snyder, (R) State Representative District 85.
Snyder agrees with the courts decision, and says he isn't against masks but feels a local approach is better.
"Rather than a one size fits all," said Snyder.
Snyder believes this sends a strong message to the governor, and doesn't anticipate more orders in the future.
But not everyone is convinced.
"I'm sure if there's a legal pathway to that, they will attempt that. I honestly don't know if there is…I think the jury is still out on that, so to speak," said Giordano.
For now, local governments will be responsible for future masking orders.